2.3 UNITED STATES INTERNATIONAL TRADE COMMISSION ...

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UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C.

..I

J;r

iy In the Matter of

CERTAIN AGRICULTURAL VEHICLES ) Inv. No. 337-TA-487 h

I *.

AND COMPONENTS THEREOF )

NOTICE OF ISSUANCE OF GENERAL EXCLUSION ORDER, LIMITED EXCLUSION ORDERS, AND CEASE AND DESIST ORDERS; TERMINATION OF THE

INVESTIGATION

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to issue a general exclusion order, two limited exclusion orders, and cease and desist orders in the above-captioned investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone (202) 205-3090. Copies of the ALJ’s ID and all other nonconfidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, S. W., Washington, D.C. 20436, telephone 202- 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www. usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS-ON-LINE) at http://edis. usitc.gov. Hearing- impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202-205-1 810.

SUPPLEMENTARY INFORMATION: February 13,2003, based on a complaint filed by Deere & Company (“Deere”) of Moline, Illinois. 68 FR 7388 (February 13,2003). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 in the importation into the United States, sale for importation, and sale within the United States after importation of certain agricultural vehicles and components thereof by reason of infringement and dilution of U.S. Registered Trademarks Nos. 1,254,339; 1,502,103; 1,503,576; and 91,860.

The Commission instituted this investigation on

On August 27,2003, the Commission issued notice that it had determined not to review

Order No. 14, granting complainant’s motion to amend the complaint and notice of investigation to add U.S. Trademark Registration No. 2,729,766.

On November 14,2003, the Commission issued notice that it had determined not to review Order No. 29, granting complainant’s motion for summary determination that complainant had met the technical prong of the domestic industry requirement.

Twenty-four respondents were named in the Commission’s notice of investigation. Several of these have been terminated from the investigation on the basis of consent orders. Several other respondents have been found to be in default.

On January 13,2004, the presiding administrative law judge (“ALJ”) issued his final initial determination (“ID”) finding a violation of section 337. He also recommended the issuance of remedial orders. Two groups of respondents petitioned for review of the ID. Complainant and the Commission investigative attorney (“IA”) filed oppositions to those petitions.

On February 18,2004, the Commission issued notice that it had decided to extend the time to determine whether to review the ID to March 29,2004, and to extend the target date for completing the investigation to May 13,2004.

On March 30,2004, the Commission issued notice that it had decided not to review the ID and set a schedule for written submissions on remedy, the public interest, and bonding. Complainant, respondents, and the IA timely filed such submissions.

Having examined the relevant portions of the record in this investigation, including the ALJ’s recommended determination, the written submissions on remedy, public interest, and bonding, and the replies thereto, the Commission determined to issue (1) a general exclusion order prohibiting the unlicensed entry for consumption of European version self-propelled forage harvesters manufactured by or under the authority of Deere & Co. which infringe any of the asserted trademarks, (2) a limited exclusion order prohibiting the unlicensed entry for consumption of European version telehandlers manufactured by or under the authority of Deere & Co. which infringe any of the asserted trademarks, (3) a limited exclusion order prohibiting the unlicensed entry for consumption of agricultural tractors which infringe one or more of U.S. Registered Trademarks Nos. 1,254,339; 1,502,103; and 1,503,576, (4) cease and desist orders to certain respondents prohibiting activities concerning the importation and sale of European version self-propelled forage harvesters manufactured by or under the authority of Deere & Co. which would constitute infringement of any of the asserted trademarks, (5) cease and desist orders to certain respondents prohibiting activities concerning the importation and sale of agricultural tractors which would constitute infringement of one or more of U.S. Registered Trademarks Nos. 1,254,339; 1,502,103; and 1,503,576.

The Commission also determined that the public interest factors enumerated in section

2

337(d) do not preclude the issuance of the aforementioned remedial orders and that the bond during the Presidential review period shall be 90 percent of the entered value of the articles in question.

This action is taken under the authority of section 337 of the Tariff Act of 1930, 19 U.S.C. 0 1337, the Administrative Procedure Act, and sections 210.41-51 of the Commission’s Rules of Practice and Procedure, 19 C.F.R. 2 10.41 -5 1.

By order of the Commission.

Secretary to tKCommission

Issued: May 14,2004

3

CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF 337-TA-487

CERTIFICATE OF SERVICE

I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF ISSUANCE OF GENERAL EXCLUSION ORDER, LIMITED EXCLUSION ORDERS, AND CEASE AND DESIST ORDERS; TERMINATION OF THE INVESTIGATION, was served upon all parties via first class mail and ai[ mail where necessary on May 14,2004..

500 E Street, SW - Room 112 Washington, DC 20436

ON BEHALF OF COMPLAINANT DEERE AND COMPANY:

Robert S. Swecker, Esq. Burns, Doane, Swecker and Mathis, LLP 1737 King Street, Suite 500 Alexandria, Virginia 22314

ON BEHALF OF FITZPATRICK FARMS,

FARMS: CO-AG LLC. STANLEY FARM AND J&T

William A. Zeitler, Esq Thompson Coburn, LLP 1909 K Street, NW Suite 600 Washington, DC 20006

ON BEHALF OF BOURDEAU BROS.. INC., ERNTETECHNIK FRANZ BECKER.. OK ENTERPRISES ANDSUNOVA IMPLEMENT COMPANY:

David P. Miranda, Esq. Heslin Rothenberg Farley & Mesiti, P.C. 5 Columbia Circle Albany, NY 12203


In the Matter of

CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF

Inv. No. 337-TA-487

LIMITED EXCLUSION ORDER (TELEHANDLERS)

The Commission has determined in this investigation that there is a

violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. 0 1337) in the

unlawful importation, sale for importation and/or sale after importation of certain

agricultural vehicles thereof that infringe U.S . Trademark Registration Nos.

1,254,339; 1,502,103; 1,503,576; 9 1,860; and 2,729,766.

Having reviewed the record in this investigation, including the written

submissions of the parties, the Commission has made its determination on the

issues of remedy, the public interest, and bonding. The Commission has

determined that the appropriate form of relief in this investigation is a general

exclusion order directed to self-propelled forage harvesters, and limited exclusion

orders directed to telehandlers and agricultural tractors, respectively. The

Commission has also determined to issue cease and desist orders against certain

respondents with respect to self-propelled forage harvesters and agricultural

tractors.

The Commission has further determined that the public interest factors

enumerated in 19 U.S.C. 0 1337 (d) and (f) do not preclude issuance of the

exclusion orders or the cease and desist orders, and that the bond during the

Presidential review period shall be in the amount of ninety (90) percent of the

entered value of any imported infringing agricultural vehicles.

The general exclusion order, limited exclusion orders, and cease and desist

orders are being issued as separate orders. The limited exclusion order with

respect to telehandlers is set out below

The Commission hereby ORDERS that:

1. Telehandlers manufactured by or under authority of Deere & Company for sale and use in Europe which (a) bear one or more of the following federally-registered U.S. trademarks:

U.S. Reg. No. 1,254,339;

U.S. Reg. No. 1,502,103;

U.S. Reg. No. 1,503,576;

U.S. Reg. No. 91,860; and

U.S. Reg. No. 2,729,766,'

(b) are imported by or on behalf of Agra-Infocentrum-Benelux, Fitzpatrick Farms, or Stanley Farms, or any of their affiliated companies, parents, subsidiaries, contractors, licensees, or other related business entities, or their successors or assigns, and (c) are materially different from telehandlers manufactured by or under authority of Deere for sale and use in the United States are excluded from entry for consumption into the United States, entry

Copies of these registrations are attached. 1

2

for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, except if imported by, under license from, or with the permission of the trademark owner, or as provided by law, until such date as the trademarks are abandoned, canceled, or rendered invalid or unenforceable.

2. Telehandlers excludable under paragraph 1 of this Order are entitled to entry for consumption into the United States, entry for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, under bond in the amount of ninety (90) percent of entered value pursuant to subsection 0) of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 8 1337(j), from the day after this Order is received by the President until such time as the President notifies the Commission that he approves or disapproves this action but, in any event, not later than sixty (60) days after the date of receipt of this action.

3. In accordance with 19 U.S.C. 8 1337(1), the provisions of this Order shall not apply to telehandlers that are imported by and for the use of the United States, or imported for, and to be used for, the United States with the authorization or consent of the Government.

4. Complainant Deere & Company shall file a written statement with the Commission, made under oath, each year on the anniversary of the issuance of this Order stating whether Deere & Company continues to use each of the aforesaid trademarks in commerce in the United States in connection with telehandlers and whether any of the aforesaid trademarks has been abandoned, canceled, or rendered invalid or unenforceable.

5. The Commission may modify this Order in accordance with the procedures described in Rule 210.76 of the Commission’s Rules of Practice and Procedure, 19 C.F.R. 0 210.76.

6. The Secretary shall serve copies of this Order upon each party of record in this investigation and upon the Department of Health and Human Services, the Department of Justice, the Federal Trade Commission, and the U.S. Bureau of Customs and Border Protection.

7. Notice of this Order shall be published in the Federal Register.

3

By Order of the Commission.

Secretary Issued:

4

ht. Cls.: 7 and 12

Prior U.S. CIS.: 19 and 23

United States Patent and Trademark Office Reg. No. 1,254,339

Regktered Oct 18, 1983

TRADEMARK Principal Register

I r

Dee= 8; Company (Delaware corporation) John Deerc Rd. Moiinc, Ill. 61265

For: AGRICULTURAL AND LAWN CARE MACEINES-NAMELY, BALERS, WNDROWERS: MOWER-CONDITIONERS, FORAGE HARVESTERS, SEEDERS, COM. BINES, SPRAYERS, BEET HARVESTERS, COT- TON HARVESERS, HAY STACKING MACHINES AND LAWN MOWERS, in CLASS 7 (US CI. 23).

First use 1968: in commerce 1968. For: TRACTORS AND POWER-OPERATED

CARTS FOR CARRYING GRAIN, in CLASS 12 (U.S. c1. 19).

First use 1956; in commerce 1956. The drawing is lined for the colors green end

yellow. The mark consists of a horizontal )*dlow stripe on

a green machine hood or p-I. The configuration of a machine hood is shown by

dotted lines in the drawing and does not form a part of the mark.

Sec. 2(Q.

Ser. No. 357,21I,.filed Mar. 29, 1982.

.L

JEFFERSON FRIDAY, Examining Attorney

i'

Prior U.S. (3.: 19 - _ _ - _ Reg. No. 1,502,103

united States Patent and Trademark Office Registered AW 30,1988

TRADEMARK PRINCIPAL REGISTER

.e---.

DEE= & COMPANY WELAWARE CORPORA-

JOHN DEE= ROAD MOLINE, IL 61265

' TION).

FOR: AGRICULTURAL TRACTORS, LAWN AND GARDEN TRACTORS, TRAILERS, WAGONS, AND CARTS, IN CLASS 12 (US. CL. 19).

FIRST USE 32-31-1938; IN COMMERCE 12-31-1918.

OWNER OF U.S. REG. NOS. 1,254,339 AND 1,296,442. THE DRAWING IS LINED FOR A BRIGHT

GREEN COLOR, SOMETIMES KNOWN AS

. .

, . .

"JOHN DEERE" GREEN. AND A BRIGHT YELLOW COLOR, AND CLAIM Is MADE FOR SUCH COLORS.

THE MARK CONSISTS OF A GREEN VUII- CLE BODY OR FRAME WITX YELLOW WHEELS. THE CONFIGURATION OF A GRAIN CART IS SHOWN IN DO'ZTED LINES IN THE DRAWINGS FOR ILLU!XRATIVE PURPOSES ONLY AND DOES NOT FORM A PART OF THE MARK.

SEC. 2 0 .

SER. NO. 574,308, FILED 12-19-1985.

DAVID H. STINE, EXAMINING ATTORNEY

e

0

Id. a*: 7

Prior U.S. CI.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office Registered seP. 13, w


DEE= & COMPANY (DELAWARE CORPORA- TION)

JOHN DEERE ROAD . MOLINE, IL 61265

FOR: WHEELED AGRICULTURAL, LAWN

MACHINES, NAMELY, TILLAGE MACHINES,

CHINE!j, Moms, m R S , SHREDDERS, SPRAYERS, LOADERS, SPREADERS, PLANT- ING M A C F I I ~ , AND SNOW REMOVAL MA- CHINES. IN CLASS 7 (urns. CL. a).

AND GARDEN, AND MATERIAL HANDLING

HAYING MACHINES, HARVESTING MA-

FIRST U S E 12-31-1903 IN COMMERCE 12-3 1-1 905.

OWNER OF U.S. REG. NOS. 1,254,339 AND 1596.442. THE DRAWING IS LINED FOR A BRIGHT

GREEN COLOR, AND A BRIGHT YELLOW COLOR, AND CLAIM IS MADE FOR SUCH. COLORS.

SEC. 2 0 .

SER NO. 574,301, FILED 12-19-1985.


Jnt. c 1 . z 7

prior US. CI.: 23 Reg. No. 91,860

Registered Jim 3. 3913 Renewal Term Begins June 3, 1993

United States Patent and Trademark Office 10 Yeor Renewal

TRADEMARK PIlINClPAL REGISTER

JOHN DEERE

DEERE & COMPANY (DELAIvARE STALK-CUTTERS. SURFACE-GRAD-

JOHN DEBRE ROAD . fRsr .CORN-SHELLERS; FEED-GRIND. MOLINE. IL 61265. DY MERGER WfTll

CORIVYORA~ION) ERS. CORN HARVlZ!5TERS.[APrn-HWIsrc-

DEERE b. COMPANY (ILLINOIS COR- CU-TTERSr -tIOR-SE4WW€M, SI’EED. ENSILAGE-CtrTTERS.

PORATION) MOLINE. IL JACKS FOR--HORS-,J LAWN-

In resriniony whereof J hair lrereuntn set r t i v Iiond and cmred the seal of The Porenr arid Trademark Ofice to he nfixed ON Apr. 27. 1993. ’

COMMISSJONER OF PATENTS AND TRADEMARKS

e

RENEWED

tile accompnnpng drawing, for p ! o q culti- vntor5, hnrroms, mon-en - , grain harvesters ‘ . -, s7 hay- p z - ~ ~ ~ , h ~ d c l e r s ~ hay-loaders? i 1 n - j M ~ . c t 3 , ~ . z v - i u d m d s + - ~ h + i d - - - m 4

LTNITED STATES PATENT OFFICE.

O U S I ~ b>- said corporation! and by its predecessors. John Deere L! Company and John Deere, since about the gear 1570.

The trade-marl< is applied or affixed to the goods, cr to the packages containing the

DEERE & COMPANY, OF MOLINE, ILLINOIS.

TRADE-HARK FOR CERTAIN NAMED CUTLERY, XACHIXERY~ AND TOOLS.

State o f Illinois county ?f Rock Island ss. GZORGE IT. B~IXTER, being duly sworn, de-

poscs and says that he is n vice-president of the corporation nnnied as applicant in t.he foregojng statement; that he believe the foregoing statement is true; that he believes

corporatjo? to be the owner of the mark sought to be reptered ; that no other person, firnl, corporat~on 01’ association, to the best of his knowledge and belief, has the riuht

use said mark in t.he United States, eitger in the identicd form or. in any such near re- semblmce thereto as might be calculated to deceive; that said mark is used by said cor- porntion in commerce among the several

tribes, and particularly yi th Canada; that the descrlptlon and draving presented truly represent the mark sought to be registered; that. the facsirn~les shorn tlie mark as actually used upon the goods, and that the mark hns beeii in act.1~~1 use ns IL trade-mark of tlie npplicant and ap licant’s predecessors from whom title mas &rived! for ten years next preceding February 20, 1905, and that to the best o i his knowledge and belief, such use has been exclusive.

GEORGE M. MIXTER.

tary public, this 3rd day of October, 1911. Sworn nnd subscribed to before me, 3 no-

i .

DEERE & COMPAXY, By G. IT. IkiIYTER:

Vice-President. Witnesses :

A. A. CONWELL, FRED 11. COOPER.

Copier of this trade-mark may be obtained f o r five ccntr each;by a d d r e n f n g the “Commfuloner of Pateatr, WaShfBgtOn, D, C.”

Re-renewed June 3, 1953, to DeePe & Company, of Moline, I l l ino i s , a c o r p o r a t i o n of I l l i n o i s .

Int. CI.: 7

Prior US. CIS.: 13,19,21,23,31,34, and 35

United S a t e s Patent and Trademark Office Reg. No. 2,729,766

Rcgistcred JIIN 24,

TRADEMARK PRINCIPAL, REGISTER

. . I .

. .

DEERE & COMPANY (DELAWARE CORPORA- GING. LANDSHAPING AND LAND-CLEARING TION) ’

ONE JOHN D E E R E PLACE MOLINE, I L 61265

FOR: AGRICULTURAL MACHINFS. NAMELY, PLOWS. CULTIVATORS, HARROWS. REAPERS,

UNLOADERS. FORKS, POWER CORN. CO’TTON. POTATO, SEED PUNTERS, POWER BROADCAST SEEDERS. GRAIN DRILLS, POTATO DIGGERS.

mRS. SPRAYING MACHINES. STALK CUTTERS.

GRAIN HARVESTERS, HAY RAKES, STACKERS.

MANURE SPREADERS. FERTILIZER DISTRIHU-

MACHINES. LOADERS, SKID STEER LOADERS. LOADER BACKHOES. I3ClLLDOZERS. EXCAVA- TORS. SCRAPERS WOOD SAWING MAClilNESs;

CHINE FOR SPRAYING WATER. DETERGEMS AND OTHER LIQUIDS; SNOW RLOWERS AND SNOW THROWERS: CHAIN SAWS; POSTHOLE

HIGH PRESSURE SPRAY-TYPE WASHING MA-

DIGGERS; AND GASOLINE AND i x r s i x IN’I‘ER- NAL COMBUSTION E N G I N E FOR TI‘IE AFORE- MENTIONED MACHINFS, IN CLASS 7 (US. CLS. 13. 19. 21. 23.31, M AND 35).

SURFACE GRADERS, CORN MARVETERS AND

ENSILAGE CCJ’TTERS, PEED CUTTERS. LAWN MOWERS AND R I X L MOWER VWICI-ES. CLOD CRUSHERS, SOIL PULVERIZERS. LAND ROLLERS, SPRAYING AND FARM PUMPS, COMBINES; EARTH-MOVING MACHINES, NAMELY, LOG- MARC LEIPUG, EXAMINING ATTORNEY

IiUSKERS, CORN SHELLERS. FEED GRINDERS, FIRST USE 11-1-2OOO: IN COMMERCE I I-I-21KK). /

r .

SN 7(m5,359, ,.‘,LED 7-,9-20(wo.


In the Matter of


Inv. No. 337-TA-487

I

LIMITED EXCLUSION ORDER (AGRICULTURAL TRACTORS)

The Commission has determined in this investigation that there is a

violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. 0 1337) in the

unlawful importation, sale for importation andor sale after importation of certain

agricultural vehicles thereof that infringe U.S. Trademark Registration Nos.

1,254,339; 1,502,103; 1,503,576; 91,860; and 2,729,766.

Having reviewed the record in this investigation, including the written

submissions of the parties, the Commission has made its determination on the

issues of remedy, the public interest, and bonding. The Commission has

determined that the appropriate form of relief in this investigation is a general

exclusion order directed to self-propelled forage harvesters, and limited exclusion

orders directed to telehandlers and agricultural tractors, respectively. The

Commission has also determined to issue cease and desist orders against certain

respondents with respect to self-propelled forage harvesters and agricultural

tractors.

The Commission has further determined that the public interest factors

enumerated in 19 U.S.C. 0 1337 (d) and (0 do not preclude issuance of the

exclusion orders or the cease and desist orders, and that the bond during the

Presidential review period shall be in the amount of ninety (90) percent of the

entered value of any imported infringing agricultural vehicles.

The general exclusion order, limited exclusion orders, and cease and desist

orders are being issued as separate orders. The limited exclusion order regarding

agricultural tractors is set out below.

The Commission hereby ORDERS that:

1. Agricultural tractors that infringe one or more of the following federally-registered U.S. trademarks:

U.S. Reg. No. 1,254,339;

U.S. Reg. No. 1,502,103; and

U.S. Reg. No. 1,503,576,'

and that are manufactured abroad by or on behalf of, or are imported by or on behalf of, China America Imports, Lenar Equipment LLC, Pacific Avenue Equipment, SamTrac Tractor and Equipment, or Task Master Equipment LLC/ Tractors Etc., or any of their affiliated companies, parents, subsidiaries, contractors, licensees, or other related business entities, or their successors or assigns, are excluded from entry for consumption into the United States, entry for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, except if imported by, under license from, or with the permission of the trademark owner, or as provided by law, until such date as the trademarks are abandoned, canceled, or rendered invalid or unenforceable.

1 Copies of these registrations are attached.

2

2. Notwithstanding paragraphs 1 of this Order, the aforesaid agricultural tractors are entitled to entry for consumption into the United States, entry for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, under bond in the amount of ninety (90) percent of entered value pursuant to subsection (i) of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 0 1337(j), from the day after this Order is received by the President until such time as the President notifies the Commission that he approves or disapproves this action but, in any event, not later than sixty (60) days after the date of receipt of this action.

3. In accordance with 19 U.S.C. 0 1337(1), the provisions of this Order shall not apply to agricultural tractors that are imported by and for the use of the United States, or imported for, and to be used for, the United States with the authorization or consent of the Government.

4. Complainant Deere & Company shall file a written statement with the Commission, made under oath, each year on the anniversary of the issuance of this Order stating whether Deere & Company continues to use each of the aforesaid trademarks in commerce in the United States in connection with agricultural tractors and whether any of the aforesaid trademarks has been abandoned, canceled, or rendered invalid or unenforceable.

5. The Commission may modify this Order in accordance with the procedures described in Rule 210.76 of the Commission’s Rules of Practice and Procedure, 19 C.F.R. 0 210.76.

6. The Secretary shall serve copies of this Order upon each party of record in this investigation and upon the Department of Health and Human Services, the Department of Justice, the Federal Trade Commission, and the U.S. Bureau of Customs and Border Protection.

7. Notice of this Order shall be published in the Federal Register.

3


Marilyn R w o t t Secretary

Issued: May 14 , 2004

4

e Int. Cls.: 7 and 12

Prior U.S. CIS.: 19 and 23 Reg. No. 1,254,339

United Stztes Patent and Trademark Office Registered OCL 38, 1983


I

~ e e r c g; Company @:laware corporation) John Deere Rd. Molinc, 111. 61265

For: AGRICULTURAL AND LAWN CARE MACIilNES-N-4MELY, BALERS.

FORAGE HARVESTERS, SEEDERS, COM- BINES, SPRAYERS, BEET HARVESTERS, COT- TON H A R E S n R S . ' HAY STACKING MACHINES AND LAWN MOWERS, in CLASS 7 (US CI. 23).

First use 1968: in commerce 1968. For: TRACTORS AND POWER-OPERATED

CARTS FOR CARRYING GRAIN, in CLASS 12

WINDROWERS, MOWER-CONDITIONERS,

(U.S. c1. 19).

First use 1956; in commerce 1956. The drawing is lined far the colors green end

??: mark consists of a horizontal yellow stripe on a green machine hood or panel.

The configuration of a machine hood is shown by dotted lines in the drawing and does not form a pan of the mark.

.*

Sec. 2(0.

Scr. No. 357,21 I,.filed Mar. 29, 1982. .


i'

,

Int. a,: l2 Prior US. a,: 19

Reg, No, 1,502,103 30,1988 United States Patent and Trademark Office Registend


D E E E & COMPANY (DELAWARE CORPORA- "JOHN DEERE" GREEN. AND A BRIGm . TION). JOHN DEE= ROAD SUCH COLORS. MOLINE, IL 61265

YELLOW COLOR, AND CLAIM IS MADE FOR

THE MARK CONSISTS OF A GREEN =HI- CLE BODY OR FRAME WlH YELLOW

FOR: AGRICULTURAL TRACTORS, LAWN WHEELS. M E CONFIGURATION OF A GARDEN TJUCTORS, TRAILERS, GRAIN CART IS SHOWN IN DOTTED

WAGONS, AND CARTS, IN CLASS 12 W.S. CL. IN M E DRAWINGS FOR I L L U S T R A ~ 19). PURPOSES ONLY AND DOES NOT FORM A

12-31-1918. SEC. 2 0 . FIRST USE 12-31-1938; IN COMMERCE PART OF THE MARK.

OWNER OF U.S. REG. NOS. 1,254,339 AND 1,296,442. SER. NO. 574.308. FILED 12-19-1985. THE DRAWING IS LINED FOR A BRIGHT

GREEN COLOR, SOMEnMES KNOWN AS DAVID H. STINE, EXAMINING ATTORNEY ,

Prior U.S. CI.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office Registered scP. 13,


. .

DEERE k COMPANY @ELAWARE CORpoRA-


TION)

FOR: WHEELED AGRICULTURAL, LAWN AND GARDEN, AND MATERIAL HANDLING

HAYING MACHINES. HARVESTING MA-

SPRAYERS, LOADERS, SPREADERS, PLANT-

~ ~ A C H I N E S . NAMELY, TILLAGE MACHINES,

CHINES, MOWERS, m R S , SHREDDERS,

ING MACHINES, AND SNOW REMOVAL MA- CHINES. IN CLASS 7 W.S. CL. 23).

FIRST US€ 12-31-1905; IN COMMERCE 12-31-1905.

OWNER OF U.S. REG. NOS. 1,254.339 AND 1596.442 THE DRAWING IS LINED FOR A BRIGHT

GREEN COLOR, AND A BRIGHT YELLOW COLOR, AND CLAIM IS MADE FOR SUM. COLORS.

SEC. 2 0 .

SER NO. 574.301, FILED 12-19-1985.

DAVID H. S I M E , EXAMINING AlTORNEY


In the Matter of


Inv. No. 337-TA-487

ORDER TO CEASE AND DESIST

IT IS HEREBY ORDERED THAT SamTrac Tractor & Equipment, 3 199

Plummers Lane, No. 13, Chico, CA 95973, cease and desist from conducting any

of the following activities in the United States: importing, selling, advertising,

distributing, marketing, consigning, transferring (except for exportation), offering

for sale or soliciting U.S. agents or distributors for certain agricultural vehicles, as

described below, in violation of Section 337 of the Tariff Act of 1930, as

amended, 19 U.S.C. 0 1337, except as provided in Section IV.

I.

(Definitions)

A s used in this Order:

(A) “Commission” shall mean the United States International Trade

Commission.

(B) “Deere” shall mean Deere & Company, One John Deere Place,

Moline, Illinois 6 1250, complainant in this investigation, and its successors and

assigns.

(C) “Respondent” shall mean SamTrac Tractor & Equipment, 3199

Plummers Lane, No. 13, Chico, CA 95973.

(D) “Person” shall mean an individual, or any non-governmental

partnership, firm, association, corporation, or other legal or business entity other

than Respondent or its majority owned or controlled subsidiaries, their successors,

or assigns.

(F) “United States” shall mean the fifty States, the District of Columbia,

and Puerto Rico.

(G) The terms “import” and “importation” refer to importation for entry

for consumption, entry for consumption from a foreign-trade zone, and

withdrawal from warehouse for consumption under the Customs laws of the

United States.

(H) The term “covered product” shall mean agricultural tractors that are

manufactured abroad by or on behalf of, or are imported by or on behalf of,

Respondent, that infringe the following federally-registered U.S. trademarks: U.S.

Reg. No.1,254,339; U.S. Reg. No. 1,502,103; or U.S. Reg. No. 1,503,576, and

that are not imported by, under license from, or with the permission of the

trademark owner, or as provided by law.

2

11.

(Applicability)

The provisions of this Cease and Desist Order shall apply to Respondent

and to any of its principals, stockholders, officers, directors, employees, agents,

licensees, distributors, contractors, controlled (whether by stock ownership or

otherwise) and/or majority owned business entities, successors, and assigns, and

to each of them, insofar as they are engaging in conduct prohibited by Section IU,

infra, for, with, or otherwise on behalf of Respondent.

111.

(Conduct Prohibited)

The following conduct of the Respondent in the United States is prohibited

by the Order. Until such date on which the trademarks identified in Section I(H)

above are abandoned, canceled, or rendered invalid or unenforceable, Respondent

shall not:

(A) import or sell for importation into the United States covered products

except under license of the trademark owner;

(B) market, distribute, offer for sale, sell, or otherwise transfer (except for

exportation), in the United States imported covered products except under

license of the trademark owner;

(C) advertise imported covered products except under license of the

trademark owner;

3

(D) solicit U.S. agents or distributors for imported covered products

except under license of the trademark owner; or

(E) aid or abet other entities in the importation, sale for importation, sale

after importation, transfer, or distribution of covered products in the

United States except under license of the trademark owner.

IV.

(Conduct Permitted)

Notwithstanding any other provision of this Order, specific conduct

otherwise prohibited by the terms of this Order shall be permitted if, in a written

instrument, the owner of U.S. Trademark Registration Nos. 1,254,339; 1,502,103;

and 1,503,576, licenses or authorizes such specific conduct, or such specific

conduct is related to the importation or sale of covered products by or for the

United States.

V.

(Reporting)

For purposes of this reporting requirement, the reporting periods shall

commence on January 1 of each year and shall end on the subsequent December

3 1. However, the first report required under this section shall cover the period

from the date of issuance of this Order through December 31,2004. This

reporting requirement shall continue in force until such time as Respondent will

4

have truthfully reported, in two consecutive timely filed reports, that it has no

inventory of covered products in the United States.

Within thirty (30) days of the last day of the reporting period, Respondent

shall report to the Commission the quantity in units and the value in dollars of

covered products that the Respondent has imported or sold in the United States

after importation during the reporting period and the quantity in units and value in

dollars of reported covered products that remain in inventory in the United States

at the end of the reporting period.

Any failure to make the required report or the filing of any false or

inaccurate report shall constitute a violation of this Order, and the submission of a

false or inaccurate report may be referred to the U.S. Department of Justice as a

possible criminal violation of 18 U.S.C. 0 1001.

VI.

(Record Keeping and Inspection)

(A) For the purpose of securing compliance with this Order, Respondent

shall retain any and all records relating to the sale, offer for sale, marketing, or

distribution in the United States of covered products, made and received in the

usual and ordinary course of business, whether in detail or in summary form, for a

period of two (2) years from the close of the fiscal year to which they pertain.

(B) For the purposes of determining or securing compliance with this

Order and for no other purpose, and subject to any privilege recognized by the

5

federal courts of the United States, duly authorized representatives of the

Commission, upon reasonable written notice by the Commission or its staff, shall

be permitted access and the right to inspect and copy in Respondent’s principal

office during office hours, and in the presence of counsel or other representatives

if Respondent so chooses, all books, ledgers, accounts, correspondence,

memoranda, and other records and documents, both in detail and in summary

form as are required to be retained by subparagraph VI(A) of this Order.

VII.

(Service of Cease and Desist Order)

Respondent is ordered and directed to:

(A) Serve, within fifteen (15) days after the effective date of this Order, a

copy of this Order upon each of its respective officers, directors, managing agents,

agents, and employees who have any responsibility for the importation, marketing,

distribution, or sale of imported covered products in the United States;

(B) Serve, within fifteen (15) days after the succession of any persons

referred to in subparagraph VII (A) of this Order, a copy of the Order upon each

successor; and

(C) Maintain such records as will show the name, title, and address of each

person upon whom the Order has been served, as described in subparagraphs

VII(A) and VLI(B) of this Order, together with the date on which service was

made.

6

The obligations set forth in subparagraphs VII(B) and VII(C) shall remain

in effect until such date on which the trademarks described in Section I(H) herein

are abandoned, canceled, or rendered invalid or unenforceable.

VIII.

(Confidentiality)

Any request for confidential treatment of information obtained by the

Commission pursuant to Sections V and VI of the Order should be in accordance

with section 201.6 of the Commission Rules of Practice and Procedure, 19 C.F.R.

0 201.6. For all reports for which confidential treatment is sought, Respondent

must provide a public version of such report with confidential information

redacted.

IX.

(Enforcement)

Violation of this Order may result in any of the actions specified in section

210.75 of the Commission's Rules of Practice and Procedure, 19 C.F.R. 5 210.75,

including an action for civil penalties in accordance with section 337(f) of the

Tariff Act of 1930, 19 U.S.C. 6 1337(f), and any other action as the Commission

may deem appropriate. In determining whether Respondent is in violation of this

Order, the Commission may infer facts adverse to Respondent if Respondent fails

to provide adequate or timely information.

7

X.

(Modification)

The Commission may amend this Order on its own motion or in

accordance with the procedure described in section 210.76 of the Commission's

Rules of Practice and Procedure, 19 C.F.R. 0 210.76.

XI.

(Bonding)

The conduct prohibited by Section III of this Order may be continued

during the sixty (60) day period in which this Order is under review by the

President pursuant to section 337(j) of the Tariff Act of 1930, 19 U.S.C. 8 1337(j),

subject to Respondent posting a bond in the amount of ninety (90) percent of the

entered value of the covered products. This bond provision does not apply to

conduct that is otherwise permitted by Section IV of this Order. Covered products

imported on or after the date of issuance of this order are subject to the entry bond

as set forth in the limited exclusion order issued by the Commission, and are not

subject to this bond provision.

The bond is to be posted in accordance with the procedures established by

the Commission for the posting of bonds by complainants in connection with the

issuance of temporary exclusion orders. See Commission Rule 210.68, 19 C.F.R.

0 210.68. The bond and any accompanying documentation is to be provided to

8

and approved by the Commission prior to the commencement of conduct which is

otherwise prohibited by Section I l l of this Order.

The bond is to be forfeited in the event that the President approves, or does

not disapprove within the Presidential review period, this Order, unless the U.S.

Court of Appeals for the Federal Circuit, in a final judgment, reverses any

Commission final determination and order as to Respondent on appeal, or unless

Respondent exports the products subject to this bond or destroys them and

provides certification to that effect satisfactory to the Commission.

The bond is to be released in the event the President disapproves this

Order and no subsequent order is issued by the Commission and approved, or not

disapproved, by the President, upon service on Respondent of an order issued by

the Commission based upon application therefore made by Respondent to the

Commission.


Secretary

9

ht. as.: 7 and 12

Prior U.S. Cls.: 19 and 23 Reg. No. 1,254,339

United States Patent and Trademark Office Registered Oct 18, 1983


Deem & Company (Dtlaware corporation) John Decre Rd. Molinc, 111. 61265

For: AGRICULTURAL AND LAWN CARE M ACHINES-NAMELY, BALERS, WINDROWERS. MOWER-CONDITIONERS, FORAGE HARVESTERS, SEEDERS, COM- BINES, SPRAYERS, BEET HARVESTERS, COT- TON HARVESTERS, HAY STACKING MACHINES AND LAWN MOWERS, in CLASS 7 (U.S. C1. 23).

First use 1968; commerce 1968. For: TMCTORS AND POWER-OPERATED

CARTS FOR CARRYING GRAIN, in CLASS 12 (U.S. C1. 19).


?c’!E mark consists of a horizontal yellow strip on a green machine hood or p a l .


.*

Sec. 2Q.

Ser. No. 357,21I,.filcd ?far. 29, 1982. ,


Int. a.: 12

Prior US. Ci.: 19 Reg. No. 1,502,103

30,1988 United States Patent and Trademark Office Registend

T R A D m R K PRINCIPAL REGISTER

e.---.

DEERE & COMPANY (DELAWARE CORPORA-

FOR: AGRICULTURAL TRACTORS, LAWN GARDEN TRACTORS. TRAILERS,

WAGONS, AND CARTS, IN CLASS 12 (US. CL. 19).

12-31-1918. FIRST USE 12-31-1918; IN COMMERCE

OWNER OF US. REG. NOS. 1,254,339 AND 1,296,443. ITHE DRAWING IS LINED FOR A BRIGHT


. . %'* /'

. .

"JOHN DEERE" GREEN, AND A BRIGHT YELLOW COLOR, AND CLAIM IS MADE FOR SUCH COLORS.

CLE BODY OR FRAME WITH YELLOW WHEELS. THE CONFIGURATION OF A GRAIN CART IS SHOWN IN DOTTED LINES IN M E DRAWINGS FOR I L L U S T R A M PURPOSES ONLY AND DOES NOT FORM A

THE MARK CONSISTS OF A GREEN VEHI-

P a r OF TI-IE MARK. SEC. 2cF).

SER. NO. 574.308, FILED 12-19-1985.

DAVID H. STINE, EXAMINING A'TTORNEY ,

Int. cl.: 7

Prior US. CI.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office Registered sP. 13, INM


DEERE k COhfpAW (DELAWARE CoRpORA-

MOLINE. IL 61265

AND GARDEN, AND MATERIAL HANDLING ~.~.ACHWES, NAMELY, TILLAGE MACHINES, HAYING MACHINES, HARVESTING MA- CHINES, Moms, m R S , SHREDDERS, SPRAYERS, LOADERS. SPREADERS, PLANT- ING MACHINES, AND SNOW REMOVAL MA- CHINES. IN CLASS 7 W.S. CL. 23).

FOR: WHEELED AGRICULTURAL, LAWN

FIRST U S E 12-31-190% IN COMMERCE 1.2-31-1 905. OWNER OF U.S. REG. NOS. 1,254.339 AND

1296.442. THE DRAWING IS LINED FOR A BRIGHT

GREEN COLOR, AND A BRIGKT YEUOW COLOR, AND CLAIM IS MADE FOR SUCH. COLORS.

SEC, 20.

SER NO. 574,301, FILED 12-19-198s.

DAVID €I. STINE, EXAMINING ATTORNEY

I


In the Matter of


Inv. No. 337-TA-487


IT IS HEREBY ORDERED THAT Pacific Avenue Equipment, 1015

Pacific Avenue, Yakima, WA 98901, cease and desist from conducting any of the

following activities in the United States: importing, selling, advertising,

distributing, marketing, consigning, transferring (except for exportation), offering

for sale or soliciting U.S. agents or distributors for certain agricultural vehicles, as

described below, in violation of Section 337 of the Tariff Act of 1930, as

amended, 19 U.S.C. 0 1337, except as provided in Section IV.

I.

(Definitions)

As used in this Order:


Commission.


Moline, Illinois 6 1250, complainant in this investigation, and its successors and

assigns.

(C) “Respondent” shall mean Pacific Avenue Equipment, 10 15 Pacific

Avenue, Yakima, WA 98901.




or assigns.


and Puerto Rico.




United States.







2

11.

(Applicability)





to each of them, insofar as they are engaging in conduct prohibited by Section III,


111.





shall not:







trademark owner;

3






IV.

(Conduct Permitted)






United States.

V.

(Reporting)






4













VI.









5








VII.









successor; and



VII(A) and VII(B) of this Order, together with the date on which service was

made.

6




VIII.

(Confidentiality)






redacted.

IX.

(Enforcement)








7

X.

(Modification)




XI.

(Bonding)

The conduct prohibited by Section ID of this Order may be continued


President pursuant to section 337Q) of the Tariff Act of 1930, 19 U.S.C. 8 1337(i),











8


otherwise prohibited by Section III of this Order.











Commission.


Marilyn R. Abbott Secretary

Issued: May 14 , 2004

9

ht. Cls.: 7 and 12



Registered OCL 18, 1983


. .

. .

. .

&err & Company @:]aware corporation) John Deerc Rd- Molinr, Ill. 61265

For: AGRICULTURAL AND LAWN CARE MACIiIlES-N-4MELY, BALERS, WINDROWERS~ MOWER-CONDITIONERS, FORAGE HARVESTERS, SEEDERS, COM- BINES, SPRAYERS, BEET HARVESTERS, COT- TON HARVESERS, HAY STACKING MACHINES AND LAWN MOWERS, in CLASS 7 (US. C1. 23).

First use 1968; in commerce 1968. For: TRACTORS AND POWER-OPERATED

CARTS FOR CARRYING GRAIN, in CLASS 12 (US. CI. 19).

First use 1956; in commerce 1956. The drawing is lined for the colors green and

yl!L mark consists of a horizontal yellow stripe on a green machine hood or panel.

The configuration of a machine hood is shown by dotted l i n e in the drawing and does not form a pan of the mark.

.s

Sec. 2(f).

Ser. No. 357,2ll,.filed Mar. 29, 1982.


i'

Prior U.S. c1.: 19 Reg. No. 1,502,103

30,1988 United States Patent and Trademark Office Registered

TRADEMARK PRINCIPALREGISTER

DEERE & COMPANY (DELAWARE CORPORA-

JOHN DEEXE ROAD MOLINE, IL 61265

' TION).

FOR: AGRICULTURAL TRACTORS, LAWN AND GARDEN TRACTORS, TRAILERS, WAGONS. AND CARTS. IN CLASS 12 (US. CL. 19).

FIRST USE 12-31-1918; IN COMMERCE 12-31-19] 8. OWNER OF U.S. REG. NOS. 1,254,339 AND

30" D E E P GREEN. AND A BRIGHT YELLOW COLOR, AND CLAIM IS MADE FOR SUCH COLORS. THE MARK CONSISTS OF A GREEN VEHI-

CLE BODY OR FRAME N" YELLOW WHEELS. THE CONFIGURATION OF A GRAIN CART IS SHOWN IN DO'ITED LINES IN THE DRAWINGS FOR I L L U S T R A m PURPOSES ONLY AND DOES NOT FORM A PART OF THE MARK.

SEC. 20. 1,296,442. SER. NO. 574.308. FILED 12-19-1985.

THE DRAWING IS LINED FOR A BRIGHT GREEN COLOR, SOMETIMES K N O W AS DAVID H. STINE, EXAMINING ATTORNEY ,

a' Int. C1.: 7

Prior U.S. (3.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office Registered sP. 13, IWUI


0 TION)


FOR: WHEELED AG3UCULTURAL, LAWN

MACHINES, TILLAGE MACHINES,

CHINES, MOWERS, m S , SHREDDERS,

AND GARDEN, AND MATERIAL HANDLING

HAYING MACHINES, HARVESTING MA-

SPRAYERS, LOADERS. SPREADERS. PLANT- ING MAMINES AND SNOW REMOVAL MA- CHINES. IN CLASS 7 (US. CL. 23).

FIRST U S E 12-31-1W% IN COhfMERCE I 2-3 1-1 905.

OWNER OF U.S. REG. NOS. 1,254.339 AND 1296,442. THE DRAWING IS LINED FOR A BRIGHT

GREEN COLOR, AND A BRIGHT YELLOW COLOR, AND CLAIM IS MADE FOR SUM. COLORS.

SEC. 2 0 .

SER NO. 574,301, FILED 12-19-1985.

DAVID H. STINE, EXAMININ0 ATTORNEY

. .


In the Matter of


Inv. No. 337-TA-487


IT IS HEREBY ORDERED THAT Task Master Equipment LLCRractors

Etc., 83969 N. Pacific Highway 99, Creswell, OR 97426, cease and desist from

conducting any of the following activities in the United States: importing, selling,

advertising, distributing, marketing, consigning, transferring (except for

exportation), offering for sale or soliciting U.S. agents or distributors for certain

agricultural vehicles, as described below, in violation of Section 337 of the Tariff

Act of 1930, as amended, 19 U.S.C. 8 1337, except as provided in Section IV.

I.

(Definitions)



Commission .


Moline, Illinois 61250, complainant in this investigation, and its successors and

assigns .

(C) “Respondent” shall mean Task Master Equipment LLC/Tractors Etc.,

83969 N. Pacific Highway 99, Creswell, OR 97426.




or assigns.


and Puerto Rico.




United States.







2

11.

(Applicability)





to each of them, insofar as they are engaging in conduct prohibited by Section 111,


Th foll wing

111.


Dnduct of the Respondent in th United States is prohibited



shall not:







trademark owner;

3






IV.

(Conduct Permitted)






United States.

V.

(Reporting)




from the date of issuance of this Order through December 3 1,2004. This


4













VI.









5








VII.









successor; and




made.

6




VIII.

(Confidentiality)






redacted.

IX.

(Enforcement)








7

X.

(Modification)




XI.

(Bonding)














8


otherwise prohibited by Section III of this Order











Commission.

Secretary

Issued: my I L , 3nnh

9

l[nt. as.: 7 and 12


United Stztes Patent and Trademark Office Reg. No. 1,254,339

Redstered Oct 18, 1983


. .

. . . .

. .

Dee= g; Company @claware corporation) John Deere Rd. Molinc, 111. 61265

For: AGRICULTURAL AND LAWN CARE MACHINES-NAMELY, BALERS, WINDROWERS, MOWER-CONDITIONERS, F O U G E HARVESTERS, SEEDERS, COM- BINES, SPRAYERS, BEET HARVESTERS, COT- TON HARVESTERS, HAY STACKING MACHINES AND LAWN MOWERS, in CLASS 7 (US. CI. 23).




.% yltL mark consists of a horizontal )*ellow stripe on a green machine hood or panel.

The configuration of a machine hood is shown by dotted l i n a in the drawing and does not form a part of the mark.

Sec. 2(0.

Ser. No. 357,21l,.filed Mar. 29, 1982. .


i'

0 ht. a.: 12

Prior U.S. c1.: 19 Reg. No. 1,502,103

united States Patent and Trademark Office Registered A U ~ 30,1988


DEE= & COMPANY (DELAWARE CORPORA- . TION). JOHN DEE= ROAD MOLINE, IL 61265

FOR: AGRICULTURAL TRACTORS, LAWN AND GARDEN TRACTORS, TRAILERS, WAGONS, AND CARTS. IN CLASS 12 (US. CL. 19).

FIRST USE 12-33-1911; IN COMMERCE

OWNER OF US. REG. NOS. 1,254,339 AND 1.296.442. THE DRAWING IS LINED FOR A BRIGHT

GREEN COLOR, SOMEnMW KNOWN AS

12-3 1-1 91 8.

"JOHN DEERE" GREEN. AND A BRIGHT YELLOW COLOR, AND CLAIM IS MADE FOR SUCH COLORS.

CLE BODY OR FRAME WITH YELLOW WHEELS. THE CONFIGURATION OF A GRAIN CART IS SHOWN IN DOTTED LINES IN fWE DRAWINGS FOR ILLUSTRATIVE PURPOSES ONLY AND DOES NOT FORM A PART OF THE MARK.

THE MARK CONSISTS OF A GREEN VEHI-

SEC. 2 0 .

SEFi. NO. 574,308, FILED 12-19-1985.


Int. cl.: 7

Prior U S a.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office Registered seP. 13,-


DEERE C COMPANY @ELAWARE comI?A- FIRST US€ 12-31-1%% IN C O W = TION) 1 2-3 1-1 905.

JOHN DEERE ROAD . MOLINE, IL 61265 1596.442.

OWNER OF U.S. REG. NOS. 1,254.339 AND

THE DRAWING IS LINED FOR A BRIGHT GREEN COLOR AND A BRIGHT y E u o W COLOR, AND CWIhf IS MADE FOR sum.

FOR: WHEELED AGRICULTURAL, LAWN AND GARDEN, AND JbiATERIAL HANDLING MACHINES, NAMELY, TILLAGE MACHINES, COLORS. HAYING MACHINES. HARVESTING MA- SEC. 2 0 . CHINES, MOWERS, W S , SHREDDERS, SPRAYERS, LOADERS, SPREADERS, PLANT-

CHI=, IN CLASS 7 W.S. CL. 23).

0 SER NO. 574,301, FILED 12-19-1985.

ING MACHINES, AND SNOW =OVAL MA- DAVID H. STINE, EXAMMMG ATTORNEY


In the Matter of


Inv. No. 337-TA-487


IT IS HEREBY ORDERED THAT China America Imports, 33898 Adler

Lane, Creswell, OR 97426, cease and desist from conducting any of the following

activities in the United States: importing, selling, advertising, distributing,

marketing, consigning, transferring (except for exportation), offering for sale or

soliciting U.S. agents or distributors for certain agricultural vehicles, as described

below, in violation of Section 337 of the Tariff Act of 1930, as amended, 19

U.S.C. 0 1337, except as provided in Section IV.

I.

(Definitions)



Commission.



assigns.

(C) “Respondent” shall mean China America Imports, 33898 Adler Lane,

Creswell, OR 97426.




or assigns.


and Puerto Rico.




United States.







2

11.

(Applicability)





to each of them, insofar as they are engaging in conduct prohibited by Section JII,


111.





shall not:







trademark owner;

3






IV.

(Conduct Permitted)






United States.

V.

(Reporting)






4













VI.









5








VII.









successor; and




made.

6




VIII.

(Confidentiality)






redacted.

IX.

(Enforcement)

Violation of this Order may result in any of the actions specifiec in section







7

X.

(Modification)




XI.

(Bonding)

The conduct prohibited by Section IU of this Order may be continued


President pursuant to section 3370) of the Tariff Act of 1930, 19 U.S.C. 0 1337(j),











8













Commission.


9

ht. as.: 7 and 12

Prior U.S. CIS.: 19 and 23 Reg. No. 1,254,339

United Stztes Patent and Trademark Office Registered Oct 18, 1983


I c

~ e e ~ g: company (Delaware corporation) John Deere Rd. MoIine, Ill. 61265

First use 1956; in commerce 1956. The drawing is lined for the colors grmn and

yellow. For: AGRICULTURAL A N D LAWN CARE

MACHINES-NAMELY, BALERS, WINDROWERS. MOWER-CONDITIONERS, FORAGE HARVESTERS, SEEDERS, COM- BINES, SPRAYERS, BEET HARVESTERS, COT- TON HARVESTERS, HAY STACKING MACHINES AND LAWN MOWERS, in CLASS 7 (US. CI. 23).



'r The mark consists of a horizontal yellow stripe on a green machine hood or panel.


A

Sec. 2(!).

Ser. No. 357,21I,-filed ?far. 29, 1982.


i'

e

- . Int. a,: 12

Prior U.S. CI.: 19 Reg. No. 1,502,103

30,1988 u&ed States Patent and Trademark Office Registered


0

. .

. .

. . . . . . . .

. .

. .

DEE= & COMPANY @ELAWARE CORPORA- “JOHN DEERE” GREEN. AND A BRIGHT ’ TION) JOHN DEERE ROAD SUCH COLORS. MOLINE, IL 61265

YELLOW COLOR, AND CLAIM Is MADE FOR

THE MARK CONSISTS OF A GREEN =HI- CLE BODY OR FRAME WITH YELLOW

FOR: A G R I C U L W U L TRACTORS, LAWN WHEELS. THE CONFIGURATION OF A AND GARDEN TUCTORS, TRAILERS, GRAIN CART IS SHOWN IN DO’ITED LINES WAGONS, AND CARTS, IN CLASS 12 W.S. CL. IN THE DUWINGS FOR I L L U m T M 19). PURPOSES ONLY AND DOES NOT FORM A

0 FIRST USE 12-31-1938; IN COMMERCE PART OF THE MARK.

12-31-1918. SEC. 2 0 . OWNER OF U.S. REG. NOS. 1,254,339 AND

1,294,442. SER. NO. 574.308. FILED 12-19-1985. THE DRAWING IS LINED FOR A BRIGHT

GREEN COLOR, SOMETIMES K N O W AS DAVID H. STINE, EXAMINING ATTORNEY ,

Int. (3.: 7

Prior U.S. CI.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office Registered sP. 13,


n0N) JOHN DEERE ROAD . MOLINE, IL 61265

FOR: WHEELED AGRICULTURAL, LAWN AND GARDEN, AND M A E R I A L HANDLING

HAYING MACHINES, HARVESTING MA- MACHINES, NAMELY, TILLAGE MACHINES.

CHINES, MOWERS, m R S , SHREDDERS, SPRAYERS, LOADERS, SPREADERS, PLANT-

CHINES. IN CLASS 7 (urns. CL. S). ING MACHINES, AND SNOW REMOVAL MA-

FIRST USE 12-31-190% IN COMMERCE 12-31-1905.

OWNER OF U.S. REG. NOS. 1,254.339 AND 1,296,442. THE DRAWING IS LINED FOR A BRIGHT

GREEN COLOR, AND A BRIGHT YELLOW COLOR, AND CLAIM IS MADE FOR SUCH. COLORS.

SEC. 2 0 .

SER. NO. 574,301, FlLED 12-19-1985.

DAVID H. STXTVE, EXAMINMG ATTORNEY

. .


In the Matter of


Inv. No. 337-TA-487


IT IS HEREBY ORDERED THAT Lena Equipment, LLC, 3261

Northeast Alexander Lane, Albany, OR 97321, cease and desist from conducting

any of the following activities in the United States: importing, selling,

advertising, distributing, marketing, consigning, transferring (except for

exportation), offering for sale or soliciting U.S. agents or distributors for certain

agricultural vehicles, as described below, in violation of Section 337 of the Tariff

Act of 1930, as amended, 19 U.S.C. 0 1337, except as provided in Section IV.

I.

(Definitions)



Commission.



assigns.

(C) “Respondent” shall mean Lenar Equipment, LLC, 3261 Northeast

Alexander Lane, Albany, OR 97321.




or assigns.


and Puerto Rico.




United States.







2

11.

(Applicability)




otherwise) andor majority owned business entities, successors, and assigns, and

to each of them, insofar as they are engaging in conduct prohibited by Section m, infra, for, with, or otherwise on behalf of Respondent.

111.





shall not:







trademark owner;

3






IV.

(Conduct Penni t ted)






United States.

V.

(Reporting)






4













VI.









5








VII.









successor; and




made.

6




VIII.

(Confidentiality)






redacted.

IX.

(Enforcement )








7

X.

(Modification)




XI.

(Bonding)














8













Commission.


Issued: May 1 4 , 2004

9

. I

bt. as.: 7 and 12



a Registered Oct. 18,1983


I f

D~~~ g; Company (Delaware corporation) John Deere Rd-

First use 1956; in commerce 1956. The drawing is lined for the colots green and

Moline, Ill. 61265 yellow.

0 For: AGRICULTURAL AND LAWN CARE

MACHINES-N-4MELY, BALERS. a green machine hood or p a d . WINDROWERS MOWER-CONDITIONERS.

BINES, SPRAYERS, BEET HARVESTERS, COT- TON HARVESTERS, HAY STACKING of the mark.

Sec. 2tn.

1 The mark consists of a horizontal ydlow stripe on

The configuration of a machine hood k shown by dotted lines in the drawing and does not form a pan

FOWGE HARVESTERS, SEEDERS, COM-

MACHINES AND LAWN'MOWERS, in CLASS 7 ., (US. CI. 23). First use 1968: in commerce 1968. For: TRACTORS AND POWER-OPERATED

CARTS FOR CARRYING GRAIN, in CLASS 12 (us. c1. 19).

Ser. No. 357,21 I,.filed MU. 29, 1982.


i'

* . Into a,: 12

Prior US. (3.: I9 Reg. No. 1,502,103

United States Patent and Trademark Office Registered A I I ~ 30,1988

TRADEMARK PRINCIPALREGISTER

. .

DEEM & COMPANY (DELAWARE COWOR,+ . TION). JOHN DEE= ROAD MOLINE, IL 61265

FOR: AGRICULTURAL TRACTORS, LAWN AND GARDEN TRACTORS, TRAILERS, WAOONS. AND CARTS, IN CLASS 12 W.S. CL. 19).

12-31-1918. FIRST USE 12-31-1938; IN COMMERCE

OWNER OF U.S. REG. NOS. 1254,339 AND 1,296,442. THE DRAWING Is LINED FOR A B R I G m


“JOHN DEERE” GREEN, AND A BRIGm YELLOW COLOR, AND CLAIM 1s MADE FOR SUCH COLORS.

THE MARK CONSISTS OF A GREEN VEHI- CLE BODY OR FRAME WlH YELLOW WHEELS. THE CONFIGURATION O F A GRAIN CART IS SHOWN IN DOTIED LINES IN THE DRAWINGS FOR I L L U S T R A m

PART OF ?HE MARK. PURPOSES ONLY AND DOES NOT FORM A

SEC. 20. SER. NO. 574.308, FILED 12-19-1985.


Int. C1.: 7 Prior U.S. CI.: 23

Reg. No. 1,503,576 United States Patent and Trademark Office Registered sep, 13,


DEE= k COMPANY @ELAWARE CoRpORA- FIRST USE 12-31-1905; IN COMMERCE TION) 12-31-1905.

JOHN DE- ROAD . MOLIN& IL 61265 1396.442

OWNER OF U.S. REG. NOS. 1,254.339 AND

l7-k DRAWING IS LINED FOR A BRIGm GREEN COLOR, AND A BRIGHT YELLOW COLOR, AND CLAIM IS MADE FOR sua.

FOR: WHEELED A G ~ ~ l U R A L , LAWN AND GARDEN, AND hiATERIAL HANDLING MACHINES, NAMELY. TILLAGE MACHINES, COLORS. H A m G MACHINES, HARVESTING MA- SEC. 2 0 . CH-, M o m s , m s , SHREDDERS, SPRAYERS, LOADERS. SPREADERS. PLANT- ING MACHINES, AND SNOW -OVAL MA- CHINES. IN CLASS 7 (US CL. a).

0 SER. NO. 574,301, FILED 12-19-1985.

DAVID H. STINE, EXAMINING An0-Y

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